Page:United States Statutes at Large Volume 111 Part 2.djvu/793

 PUBLIC LAW 105-85—NOV. 18, 1997 111 STAT. 1873 level of detail provided for procurement and military construction in the future-years defense program for fiscal year 1998. SEC. 1010. SENSE OF CONGRESS REGARDING FUNDING FOR RESERVE COMPONENT MODERNIZATION NOT REQUESTED IN PRESIDENT'S BUDGET. (a) CRITERIA.— It is the sense of Congress that, to the maximum extent practicable, Congress should authorize appropriations for procurement of reserve component modernization equipment for a fiscal year for equipment that is not included in the budget of the President for that fiscal year only if— (1) there is a requirement for that equipment that has been validated by the Joint Requirements Oversight Council; (2) procurement of that equipment is included for reserve component modernization in the modernization plan of the military department concerned and is incorporated into the current future-years defense program; (3) procurement of that equipment is consistent with planned use of reserve component forces under Department of Defense war plans; and (4) funds for that procurement, if authorized and appropriated for that fiscal year, could be obligated during that fiscal year. (b) CONSIDERATION OF VIEWS OF CHAIRMAN OF JOINT CHIEFS OF STAFF.— It is further the sense of Congress that, in applying the criteria set forth in subsection (a) with respect to procurement of reserve component modernization equipment. Congress should obtain the views of the Chairman of the Joint Chiefs of Staff on whether, under Department of Defense war plans, that equipment is appropriate for procurement for, and assignment to, reserve component forces. SEC. 1011. MANAGEMENT OF WORKING-CAPITAL FUNDS. (a) CONTRACTING FOR CAPITAL ASSETS PROCUREMENT IN ADVANCE OF FUNDS. —Section 2208 of title 10, United States Code, is amended by striking out subsection (k) and inserting in lieu thereof the following new subsection: "(k)(l) Subject to paragraph (2), a contract for the procurement of a capital asset financed by a working-capital fund may be awarded in advance of the availability of funds in the workingcapital fund for the procurement. "(2) Paragraph (1) applies to any of the following capital assets that have a development or acquisition cost of not less than $100,000: "(A) An unspecified minor military construction project under section 2805(c)(1) of this title. "(B) Automatic data processing equipment or software. "(C) Any other equipment. "(D) Any other capital improvement.". (b) USE OF ADVANCE BILLING.—Such section is further amended by adding at the end the following new subsection: "(1)(1) An advance billing of a customer of a working-capital fund may be made if the Secretary of the military department concerned submits to Congress written notification of the advance billing within 30 days after the end of the month in which the advanced billing was made. The notification shall include the following: "(A) The reasons for the advance billing.

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